Submitted by Lesli Christian
Will of William Williams – Pleas at the courthouse in Ironton, in the county of Lawrence and State of Ohio, of the Lawrence County Probate Court ‹ at a session thereof held at the place aforesaid on the fifteenth day of August 1868, before Charles B. Egerton, sole judge of said court.
The State of Ohio, Lawrence County. Be it remembered that on the 15th day of August 1868, there was produced in open court and admitted to probate, an instrument of writing purporting to be the last will and testament of William Williams, which will read in the words and figures following to wit:
I, William Williams, of the City of Ironton, County of Lawrence and State of Ohio, being in good health of body and of sound and disposing (?) mind and memory, and being desirous of settling my worldly affairs while I have strength and capacity so to do, do make and publish this my last will and testament; that is to say ‹
First ‹ It is my will that my funeral expenses and all of my debts shall be paid and that my executor obtains and set suitable stones to mark the place where I shall be buried. And to enable my executor to perform the requirements aforesaid, it is my will that he or she be allowed by the proper authorities to sell a sufficient amount of my personal or real property either at private or public sale, as he or she may elect; and also a sufficient amount to pay the several devises that I hereinafter make ‹
Second, I give and bequeath to each of my three sons, David J. Williams, James (H or K?) Williams, and Talasin (?) G. Williams; and to my adopted son, Charles Jones Williams, ten dollars each.
Third, I give and bequeath to my son, Evan M. Williams, my carpenter shop in the city of Ironton, and also my carpenter tools and shop conveniences (conveyances?) of every kind and description of whatsoever name, for his use and benefit.
It is, however, my will that my said son, Evan M. Williams, shall not at any time mortgage, sell, or dispose of the said shop, tools, or shop conveniences or any part thereof without first having obtained the consent of his mother thereafter during her life and sanity. But if at any time his mother shall be of unsound mind or shall die, then my said son, Evan M. Williams, shall first obtain the consent of one of his sisters, Catherine E. Williams, or Mary Ann Williams, in the mortgaging, sale or disposing of said shop, tools, or shop conveniences, or any part thereof, before the same shall pass in (?) ownership.
Fourth, I give and bequeath to my beloved wife, Catharine Williams, for her own use during her natural life, (?) homestead in the city of Ironton, together with all my clothing, all my household furniture, and all household conveniences of whatever kind during her life for her own use and benefit.
Fifth, I give and bequeath to my beloved wife, Catharine Williams, for her own use and benefit ‹ and to be under her control during the time she shall remain my widow ‹ all the balance and residue of my property, both real and personal, which has not been otherwise herein disposed of.
And in the event of my said wife marrying again, then I give and bequeath the said balances and residue of my property, both real and personal, to my two daughters, Catharine E. Williams and Mary Ann Williams, to be divided between them in such a manner that my said daughter, Catherine E. Williams, shall receive three hundred ($300) dollars more of the said balance and residue of my property both real and personal than my said daughter, Mary Ann Williams.
And in the event that my said wife, Catherine Williams, shall not again marry, then I give and bequeath to my said two daughters, Catherine E. and Mary Ann, to be divided between them as aforesaid so that Catherine E. Williams shall receive ($300) three hundred dollars more than Mary Ann Williams.
All that remains at the time of the beloved wife¹s decease of my property, both real and personal of whatever kind of description. (That is the way the sentence reads. There was no more information about how to dispose of what remains. It could be Mr. Williams wanted his daughters to have any property left after the death of their mother.)
Sixth, I hereby appoint my beloved wife, Catherine Williams, testamentary guardian for my adopted son, Charles Jones Williams, and hereby authorize her to use the rents and profits of the said property in her control to rear or bring up the said Charles Jones Williams to the age of twenty-one years.
And in the event that my said wife shall die before the said Charles Jones Williams shall arrive at the age of twenty-one years, then and in that case, I enjoin the care of said Charles Jones Williams on my daughter Catherine E. Williams and require of her that out of the property heretofore to her devised she bears the necessary expense of keeping the said Charles Jones Williams until he arrives at twenty-one years of age.
Seventh, I hereby appoint my beloved wife Catharine Williams sole executrix of this my last will and testament. But if my said wife shall die or shall otherwise be incapacitated as my executress, then and in that case, I next appoint my son James (W, H or K?) Williams my sole executor of this my last will and testament. And I do hereby request the Judge of Probate or other authority that he requires no security of my said executrix for her faithful discharge of duty as my executrix.
I hereby revoke all former wills by me made. In testimony whereof, I hereunto set my hand and seal this twenty-second day of May AD 1865.
W. Williams
Signed and sealed by said William Williams as and for his last will and testament in the presence of us, who in his presence and in the presence of each other, and at his request ‹ have hereunto subscribed our names as witnesses: May 22nd AD 1865. The words ³or public² was [sic] interlined [sic] on the first page hereof before signing.
Peras R. Polley
Jos. P. Shaw
(U.S. Revenue Stamps 750)
Probate of Will
The State of Ohio Lawrence County, Ohio Probate Court
Personally appeared in open court Peras R. Polley and Joseph P. Shaw, the subscribing witnesses to the last will and testament of William Williams, deceased, who being duly sworn according to law to speak the truth, the whole truth and nothing but the truth in relation to the execution of said will, declare (?) and say that the paper before them purporting to be the last will and testament of William Williams, now deceased, is the will of said deceased, that they were present at the execution of said will [and] at the request of the testator subscribed their names to the same as witnesses in his presence, and that they saw the said William Williams, deceased, sign and seal said will and heard him acknowledge the same be his last will and testament; that the said William Williams, at the time of making, signing and sealing said will be of (?) age and of sound and disposing of mind and memory and under no undue or unlawful restraint whatsoever.
Peras R. Polly
Joseph P. Shaw
Sworn to and subscribed in open court this 15th day of August AD 1868.
C. B. Egerton,
Probate Judge
Lawrence County Probate Court, Saturday, August 15th, 1868
In the matter of the last will and testament of William Williams, deceased Will admitted to Probate This day was produced in court an instrument of writing purporting to be the last will and testament of William Williams, late of Lawrence County, Ohio, deceased. And (thereto?) came Peras R. Polley and Joseph P. Shaw, the subscribing witnesses of said will, and testified to the due execution thereof as that will of said William Williams, deceased, and it appears to court by said testimony that said will be duly executed as attested and that the said testator at the time of executing the said will be of the full age of sound mind and memory and not under any restraint. It is ordered that said will, together with a testimony aforesaid, and this order be recorded.
C. B. Egerton,
Judge of Probate
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